Missouri Revised Statutes

Chapter 391
Street Railroads

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Requirements for incorporating street railway companies.

391.010. 1. Any number of persons, not less than five, may form a company for the purpose of constructing, maintaining and operating a street railroad for public use in the conveyance of persons, mail and express parcels; and for that purpose may make and sign articles of association in which shall be stated the name of the company, the number of years the same is to continue, the city and county in which the road is to be constructed or maintained and operated, the amount of the capital stock, common and preferred, of the company, and the number of shares of which said capital stock shall consist, and the names and places of residence of the directors, not less than five nor more than thirteen in number, who shall manage its affairs for the first year and until others are chosen in their places. Each subscriber to such articles of association shall subscribe thereto his name, place of residence and the number of shares of stock he agrees to take in said company.

2. When one-half of the capital stock shall have been subscribed and ten percent paid thereon in good faith to the directors named in said articles of association, and an affidavit annexed thereto, made by at least three of the directors named therein, that one-half of the stock of the said proposed corporation has been in good faith subscribed, and ten percent of the amount so subscribed has been paid, and that it is intended in good faith to construct or maintain and operate the road mentioned in such articles of association, the said original articles of association shall be recorded in the office of the recorder of deeds of the county or city in which the corporation is to be located and then be filed in the office of the secretary of state, and thereupon the said association shall by the name mentioned in the said articles of association become a body politic and corporate with the powers, rights and franchises, herein specified; provided, the said articles of association shall not be filed and recorded until such association or corporation shall pay to the state director of revenue fifty dollars for the first fifty thousand dollars or less of the capital stock of the corporation, and a further sum of five dollars for every additional ten thousand dollars of the capital stock.

(RSMo 1939 § 5315, A.L. 1947 V. I p. 234)

Prior revisions: 1929 § 4910; 1919 § 10121; 1909 § 3315

Powers of corporation.

391.020. Every corporation formed under the provisions of this chapter shall have power

(1) To construct or maintain and operate its railroad along, across or over the streets of any incorporated city or town or the roads of any county; provided, the consent thereto of the municipal authorities of such city or town or the county commission of such county is first obtained; provided, municipal authorities of cities or towns shall not grant the right-of-way over, along or across any street, except upon the petition of the owners of the land representing more than one-half the frontage of the street or so much thereof as is sought to be used for streetcar purposes, and when the street or parts thereof that is sought to be used shall be more than one mile in extent, no petition of landowners shall be valid unless the same shall be signed by the owners of the land representing more than one-half the frontage of each mile and of the fraction of the mile, if any, in excess of the whole mile measuring from the initial point named in such petition such street or parts thereof sought to be used for such purposes;

(2) To operate its road by animal, cable, electric or other motive power, as the consent of the use of which said power may be obtained from the public authorities of such city, town or county;

(3) To receive and collect such fares for the transportation of persons, express and mails as may be provided in the said consent of said public authorities of such city, town or county given as aforesaid;

(4) To acquire by grant a right-of-way not to exceed fifty feet in width over private property, and to construct or maintain and operate its roads thereon;

(5) To purchase and acquire depots, powerhouse sites or terminals;

(6) To issue bonds payable in such amount and at such times and places as it deems best, and may dispose of the same for the purposes of its incorporation, and to secure payment of the same, may mortgage its property, real and personal, and also the franchise of the company;

(7) To purchase, lease or acquire by other lawful contract, which shall include the right to purchase the capital stock and bonds of other street railroad companies, and to hold and dispose of the same, and to hold, use and operate any street railroad or roads, with all and singular its or their franchises and properties of every description belonging to any other street railroad corporation or corporations; provided, that such purchase, lease or other contract be authorized or approved by the vote of the holders of two-thirds in amount of the capital stock of the company so purchasing, leasing or otherwise contracting therefor at a meeting called for that purpose upon twenty days' notice published in some newspaper of the city or county where the general office of such street railroad company may be located, or by written notice mailed to the last known address of each registered stockholder twenty days before such meeting; and provided further, such roads connect with or intersect each other, so as to allow a single passage one way over each road for a single fare;

(8) To sell, lease or dispose of by any other lawful contract, to any other street railroad company, its railroad rights, franchises, including the right to be a corporation, and all and singular its other properties of every character and description; provided, that such sale, lease or other contract disposing of its railroad, franchises and other properties, shall be first authorized or approved by the vote of two-thirds in amount of the holders of its capital stock at a regular or called meeting of its stockholders convened pursuant to such notice as is required in subdivision (7);

(9) To have and enjoy all such other powers and franchises as are usually had, enjoyed and exercised by street railroad companies in addition to the powers herein enumerated.

(RSMo 1939 § 5316)

Prior revisions: 1929 § 4911; 1919 § 10122; 1909 § 3316

CROSS REFERENCES:

Issuance of stocks or bonds, conditions precedent--stock dividends prohibited, 387.280

Stocks, bonds and notes regulated, how, 387.240, 387.270

Operating arrangements with interurban railroad.

391.060. Any corporation now or which may hereafter be incorporated under any general or special law of this state and operating a street railroad shall have the right to effect operating arrangement with any interurban railroad connecting therewith, which shall include the right to purchase bonds and to guarantee the bonds of any such interurban railroad company.

(RSMo 1939 § 5320)

Prior revisions: 1929 § 4915; 1919 § 10126; 1909 § 3320

Transfers and service to be fixed by division of motor carrier andrailroad safety.

391.070. 1. Whenever the division of motor carrier and railroad safety shall be of the opinion, after a hearing had upon its own motion or upon complaint, that the practices and service and the rules and regulations affecting the same of any street railroad corporation are, as to transportation upon the street surface railroads of said corporation by use of transfers given to each passenger paying one single fare, unjust and unreasonable either as to persons transported upon such street surface railroads or as to any such street railroad corporation, the division shall determine and prescribe by order the just and reasonable service and rules and regulations affecting the same thereafter to be maintained and observed by said street railroad corporation

(1) As to the distance over which a passenger shall by such transfer be transported by it upon said street surface railroads for a single fare;

(2) The number of successive transfers to be given by it to a passenger paying one single fare for transportation over said street surface railroads; and

(3) As to the prompt use by each passenger of such transfer given him for one single fare paid by him in making his continuous trip over said street surface railroads.

2. And it shall thereupon be the duty of every such street railroad corporation to obey each requirement of every such order served upon it and do everything necessary and proper in order to secure compliance with and observance of every such order by all of its officers, agents and employees.

3. Until and except as the motor carrier and railroad safety division of the department of economic development shall otherwise prescribe as to any street railroad corporation or corporations pursuant to the provisions of this chapter, every street surface railroad corporation entering into a contract with another such corporation shall carry or permit any other party thereto to carry between any two points on the railroads or portion thereof embraced in such contract any passenger desiring to make one continuous trip between such points for one single fare, not higher than the fare lawfully chargeable by either of such corporations for an adult passenger. Every such corporation shall, upon demand, and without extra charge, give to each passenger paying one single fare a transfer entitling such passenger to one continuous trip to any point or portion of any railroad embraced in such contract, to the end that public convenience may be promoted by the operation of the railroads embraced in such contract substantially as a single railroad with a single rate of fare.

4. For every refusal to comply with the requirements of subsection 3, the corporation so refusing shall forfeit one hundred dollars, fifty dollars of which shall be paid to the aggrieved party and fifty dollars paid to the public school fund of the state. The provisions of subsection 3 shall only apply to railroads wholly within the limits of any one incorporated city or village.

(RSMo 1939 § 5623)

Prior revisions: 1929 § 5167; 1919 § 10456

CROSS REFERENCE:

Division of motor carrier and railroad safety abolished, duties and functions transferred to highways and transportation commission and department of transportation, 226.008

May construct and operate street railways over bridges connecting anycity in this state with any city of an adjoining state.

391.130. Any company owning, leasing, operating or controlling a bridge connecting any city, town or village in this state, with any city, town or village of any adjoining state, may lease, own, construct and operate a street railway over such bridge and in such cities, towns or villages and counties in which same may be situated, and in adjoining counties, and may also acquire and hold stock and guarantee bonds of any company operating such street railway or railways.

(RSMo 1939 § 5305)

Prior revisions: 1929 § 4899; 1919 § 10110; 1909 § 3304

Street railroads operating cars by electricity or overhead wires.

391.230. All street railway companies or corporations operating cars by electricity, or by overhead wires, shall construct and maintain its wires at a height of not less than twenty-two feet above the top of the rail of the railroad track crossed by such street railway company, and the wires of such street railway company shall be guarded, or provided with fenders or guard wires, so as to prevent the same from coming in contact with the cars, track or telegraph line along the track of such railroad company.

(RSMo 1939 § 5301)

Prior revisions: 1929 § 4895; 1919 § 10106; 1909 § 3302

Duty of street railway companies where tracks cross railroad tracks.

391.240. It shall be the duty of every street railway company or corporation operating a street railway across the tracks of a railroad company to bring its cars to a full stop at least ten and not more than twenty feet before reaching the tracks of the railroad company. And it shall be the duty of the conductor, or some other employee of the street railway company, to go forward to the tracks of such railroad company for the purpose of ascertaining whether a train is approaching such crossing.

(RSMo 1939 § 5302)

Prior revisions: 1929 § 4896; 1919 § 10107; 1909 § 3303


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